woah. new on DC docket. looks like the attorney general of DC filed 270 pages late Friday night documenting Facebook's multi-year resistance to discovery in its cover-up of Cambridge Analytica and related platform issues for 3yrs. stay with me until the end. /1
The most sensitive part is Facebook protecting these 4 executives from discovery/depositions. It's claimed to also be reason Zuckerberg was willing to pay $5B to the FTC.
It's an insult to every user a breach this problematic could happen without evidence from these 4 execs. /2
I mean this claim involved one of more infamous political operatives in DC at Facebook involved in a cover-up that protected the use of data in the most controversial election operation in history and allowed senior execs to continue to trade on the stock in the process. /3
for the employees and former employees (which Facebook permitted discovery), we can't see all of the queries that were done but some of the terms are certainly ones that have long been of interest. /4
so DC will play out, Facebook argues nothing new can be discovered from Zuckerberg, Sandberg, Schrage and Kaplan. It's all duplicative information and burdensome. Yes, that's patently absurd. Which brings me to the popcorn... /5
there's always been a parallel (multidistrict) case in N California and now it has worked through same issue. The Special Master assigned to sort out the similar discovery issues determined indeed it's likely Zuckerberg and Sandberg possess relevant and unique information. /6
And the plaintiffs want the communications between Sandberg and Zuckerberg, between the two of them and the board (some already turned over in very active shareholder suits), third parties and others missed. Again, this involves a cover-up. /7
The Court has given them until January 31, 2022. Again, this involves the files of Mark Zuckerberg and Sheryl Sandberg. /8
And they know Sandberg's role. Much is redacted but a reminder she has never answered questions under oath about the scandal as far as we know it. NYT reported the topic was off limits the one time she testified to Congress. She refused summons from international Parliaments. /9
it gets better. After the court ordered the documents search for Zuckerberg and Sandberg, Facebook quickly followed up to seal whatever discovery comes of it but now was just denied by the Court. I doubt it's over but it's a strong signal much should be publicly available. /10
now turning back to the DC case... a number of documents are sealed in the 270pg report just posted but beyond the unredacted discovery terms, we learn of a dispute over "Mr. Zuckerberg's notebooks" (infamous) being subject to discovery as they are in the California case. /11
And we also learn of some of the more recent depositions. Barnes was on the ground in 2016 election. Zuckerberg and Allison Hendrix have been noticed for depositions (key exec in platform data issues and was a point on Cambridge Analytica cover-up from early on). /12
and a reminder, the 270pg report is for more time. FB has been stalling and frustrating courts for nearly 4yrs. That's how they win. And it's patently absurd they get away with it considering there is nothing to give us confidence their largest scandal won't happen again. /13
and I'll add to close, there is a massive shareholder suit regarding same cover-up and almost zero press coverage of any of this because it's (a) complex and (b) Facebook's network convinced influencers Cambridge Analytica was an overhyped story. /eof
Also linking to this thread as it’s relevant to know we literally just learned after three years that Zuckerberg was deposed by the SEC on these matters back in 2019 and there is a sealed deposition transcript.

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More from @jason_kint

10 Dec
For those covering society, tech and policy, Ressa’s Nobel Peace Prize speech is a an equally powerful witness to the importance of a free and plural press while a strong rebuke of Facebook, Inc and Mark Zuckerberg putting him in the same sentence with another authoritarian. /1
She describes Facebook in its bias against facts and journalism by their own design providing velocity and reach to lies and undermining trust. Dividing us and undermining global democracy. /2
Here, Ressa correctly dissects the core problem where market power is driven by unbridled data collection citing surveillance capitalism as the source of their strength. /3
Read 5 tweets
9 Dec
Feels like I may have a few threads related to these issues. lol. Ok, disclosure here: DCN surfaced the census comparison issue and filed to successfully unseal much of the evidence from what was ultimately fraud allegations. Still more sunlight to come. Will link below.
Here is a thread to deep dive on the census vs potential reach issue and what appears to be emails deciding it was a big deal but at the same time not to disclose it.
Read 12 tweets
9 Dec
looking forward to House big tech accountability hearing today @ 11:30. @JGreenblattADL's written testimony hits on all of the right themes: surveillance advertising, market power, profit before people, PR-driven policy. congress.gov/117/meeting/ho…
Looking at this Holocaust Denial Report card which gave Facebook and Instagram a "D" and wondering how marketers justify spending subsidizing one of the most profitable companies on the planet when it's in the same category as Reddit, Discord and Steam.
Now watching hearing (earlier), tons of smart testimony. Happy to see testimony as to Facebook’s brazen deplatforming of independent researchers (@LauraEdelson2). Still shocked in how they did this. But I know I shouldn’t be. /3
Read 4 tweets
8 Dec
ok, I'll add some thoughts here for this Mosseri hearing...time to go deeper. Mosseri just used future Ernst & Young audits to Senator Lee as a defense. It's worth noting Instagram is nowhere on being audited for brand safety by the industry. See the red box. /1 Image
Sen Sullivan has locked in on problem here. US Surgeon General report recommending limits on social media usage by teens is directly at odds with Instagram's core biz model. Mosseri deflecting. As Sen Klobuchar pointed out earlier, if Instagram had competition it would matter. /2
Senator Cruz once again doing an outstanding job digging into Mosseri and research. Rightly tries to pin down Mosseri on:
- raw data from Instagram research
- powerpoint presentations memorializing the data
Mosseri claims data is gone. Facebook, Inc. is an unethical cesspool.
/3
Read 9 tweets
8 Dec
just-in-time for Senate hearing, another Facebook lawsuit just posted public today. This one is another pension fund suit around anticompetitive behavior, misleading metrics now amended to add Facebook whistleblower claims we'll hear about shortly plus other unsealed docs. /1 Image
the suit filed in DE is a pretty good compilation of allegations derived from press reports, leaked documents and unsealed lawsuits. From Cambridge Analytica to six4three leak to Congress, FTC, SEC, DCMS, ICO, other international investigations and again governance futility. /2 ImageImage
There is an entire section focused on the major topics of the whistleblower documents reported on by Wall Street Journal. Here is the part about Instagram and teen harm, head of Instagram is about to testify to Senate. /3 ImageImageImageImage
Read 4 tweets
7 Dec
Outstanding report from north of border. I’ve been inside of Parliaments in Canada, UK, Belgium, Ireland, US but never seen a lobbyist quite like Chan. If there was a source who said he’s the personification of Facebook Comms brand in 2021, it was probably me. Some thoughts.. 1/7
I’ll never stop being floored at the influence peddling that comes from having Facebook lobbyists involved in take-down decisions for the platform. They shouldn’t be anywhere near these decisions until after they’re made. 2/7
This is an absolute strawman and a terrible position by Facebook that politicians rather than Facebook should decide what can be on social media. 3/7
Read 7 tweets

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